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July 18, 2010

An Open thread

Though lacking big names on the leader board, my weekend is still being consumed by my love for The Open Championship at the home of golf. I figured an open thread to let readers discuss any sentencing topics of interest during this mid-summer weekend would be useful.

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This may or may not be the forum for this, but here goes.

Its been well over two months since Ohio's Supreme Court ruled made a ruling in regards to Ohio's Adam Walsh Act. Specifically that its application to those convicted prior to Act's passage was unconstitutional.

In time since, I've heard of no notification letters received or changes made to the state's website.

When asking lawyers and probation officers, they could give no details on what is going on either.

It would appear, a this point, that the state is dragging its feet. Almost as if they are taking the Jackson approach in Worcester v. Georgia. The court made a ruling, but let's see them enforce it.

I know several other posters are passionate about this issue for one reason or another. I feel I've exhausted my options in researching this, perhaps others have had better luck.

Posted by: Questions Authority | Jul 18, 2010 1:53:25 PM

All legal procedures and remedies are actions on the body. This begins at any form of restraint of one's actions by the police, all the way to finalized execution. As such, each should be proven safe and effective prior to being permitted. The safety to be proven is that of the public, not of the defendant.

US prison policy is ‘playing into the hands of extremists’ - a headline in The Times July 19, 2010
extract:
When Muhammad Odaini set foot on his native Yemeni soil this week, ending seven years of detention in Guantánamo Bay, his family’s prayers were answered. The US sent him home after a scathing judicial ruling concluded that there was no evidence that he had any connection to al-Qaeda. One man’s return, however, will do little to assuage a growing bitterness in Yemen that more than 90 of its citizens — half the prison’s population — are still in Guantánamo.

Posters of the prisoners festoon the dusty streets of Sanaa. Mobs protest outside the heavily fortified US Embassy. Radical clerics denounce the US in their sermons. Analysts believe that the US policy is playing into the hands of al-Qaeda in the Arabian Peninsula (AQAP), a growing presence in Yemen that staged its latest attack last Wednesday on security buildings in the volatile Abyan province, killing at least two people. “The US is undermining everything they are trying to accomplish in the Arab world by continuing to detain these men,” said David Remes, of Appeal for Justice, who represents 13 Yemeni detainees.
After the attempted Christmas Day airline bombing by the Nigerian Umar Farouk Abdulmutallab, who studied in Yemen and is believed to have been recruited by AQAP, there was a moratorium on all transfers to the country; this despite more than 30 Yemenis being recommended for transfer, according to a US government task force review.

Muhammad Naji Allawo, a Yemeni human rights lawyer who campaigns for the detainees, believes that the measures are counter-productive. “This is an extremist response by the US Government,” he said. “They are laying the ground for more [extremism].”

The problem of what to do with Yemeni detainees remains one of the major obstacles to the closure of the prison at Guantánamo, with President Obama’s deadline of January 2010 long past. Despite the exception made for Mr Odaini, the Administration has insisted that it is not lifting the moratorium.

Meanwhile, families are still waiting. Salem al-Assani, the father of Fahmi, 33, who was arrested in Pakistan after the 9/11 attacks, declared: “It is normal that their stay in jail provokes our anger against America,” he said. “I hate the US Government if it hates my son.”

Posted by: peter | Jul 19, 2010 5:28:55 AM

I have a request for information. Does anyone have information on the status of the various lethal injection challenges? Specifically those in North Carolina and the Federal systems?

Posted by: MikeinCT | Jul 19, 2010 10:45:48 PM

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